Assessment phase – phase II
If, after the novelty examination, you are still uncertain whether your application can lead to a patent, or if you want to make changes to the application, you can continue to phase II, the assessment phase.
You then submit a request for a preliminary patentability examination within 22 months of the priority date or three months after the International Search Report (phase I) was issued if that date falls later.
In connection with this, you must:
- choose if PRV or EPO will assess your application,
- pay the fee for the assessment in phase II
- file new patent claims for assessment if you want to change them compared with the International Search Report.
Once you submitted your request
As in phase I, phase II results in a report. It is the result of a preliminary patentability examination. In phase II, you also have the opportunity of responding to the opinion from phase I and possibly also new opinions. You can do so, for example, by submitting new patent claims and motivating your response within the scope of the original text in the PCT application. Your possibilities of obtaining a positive report can thereby increase.
You receive the report, which is called the International Preliminary Examination Report, from PRV within 28 months of the priority date.
The international phase and its reports in phase I and phase II are preliminary for the work that ultimately needs to be done by national and/or regional patent authorities. You must therefore complete your PCT application in a national/regional phase. For most countries, you must complete the PCT application within 30 or 31 months of the priority date, depending on which patent authority or authorities are to process your case. These authorities must then determine if the patent can be granted or not.